Wickedbox Web Hosting

Terms of Service

Wickedbox Internet Services (henceforth refered to as Wickedbox) is a Web Hosting Provider. Clients using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on Wickedbox servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Wickedbox servers.

1. USER CODE OF CONDUCT

Wickedbox services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Wickedbox, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not:

Restrict or inhibit any other user from using and enjoying the Internet;

Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;

Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;

Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

2. CHARGES

Usage charges will be calculated in accordance with the Rate Schedule.

The charge for the subscriber's entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the subscriber to Wickedbox. If not paying by credit card, a valid debit order must be submitted to Wickedbox within 7 days of placing the order.

The charge for the subscriber's entitlement to use the service on an annual basis is payable in full in advance by the subscriber to Wickedbox within 7 days of invoicing. Should the client decide to cancel the subscription a refund will be made to the client on a pro rata amount basis for time not used.

Wickedbox reserves the right to adjust service charges at their sole discretion.

It is the policy of Wickedbox to provide subscription only on the basis of a debit order on a bank or credit card account.

A rejected debit order will accrue an additional handling fee of R20 per rejection.

3. TERMINATION

The agreement shall continue indefinitely and shall be terminable on the expiry of 30 days written notice given by either party to the other.

4. REFUND POLICY

In keeping with best practices, Wickedbox offers a refund on services if the request for termination is received in writing within 7 days of receiving the initial order. The onus is on the client to ensure that Wickedbox received the termination request. Any cost(s), which Wickedbox may have incurred directly or indirectly as a result of the initial order are non-refundable. Such items include, but are not limited to, domain registrations, man hours, traffic volume, etc.

Refunds will be made by electronic bank transfer to a legitimate bank account. If you have any questions regarding our refund policy please call (+27) 21 975 7290, or e-mail your question to accounts@wickedbox.net.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wickedbox from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Wickedbox, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

6. REFUSAL OR DISCONTINUANCE OF SERVICE

Wickedbox reserves the right to refuse or discontinue service to anyone at Wickedbox's sole discretion. Wickedbox may deny you access to all or part of the service without notice if you engage in any conduct or activities that Wickedbox in its sole discretion believes violates any of the terms and conditions in this agreement. Wickedbox shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Wickedbox has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Wickedbox reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

7. NO WARRANTIES

Wickedbox makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Wickedbox or its agents or employees shall create a warranty. Wickedbox provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Wickedbox be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Wickedbox's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Wickedbox servers that such information becomes available to all Internet users and that Wickedbox has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Wickedbox servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Wickedbox or on the Internet generally.

8. IDENTIFICATION INFORMATION

You agree, as the person legally responsible for use of this account, to supply Wickedbox with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

9. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by Wickedbox, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Wickedbox. You agree to abide by any and all future Wickedbox policy decisions.

10. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Wickedbox immediately in writing by registered mail, return receipted, to Wickedbox Internet Services, 1 Nice Street, Uitzicht, Durbanville 7550. You shall be held fully responsible for any misuse or compromise to your account for which Wickedbox is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Wickedbox has the right to suspend access to the account pending an investigation and resolution. You also agree that Wickedbox has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

11. BACKUP OF DATA

Your use of the service is at your sole risk. Wickedbox is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Wickedbox servers.

12. TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Wickedbox or any other service with reference to services obtained through Wickedbox, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Wickedbox, or any other party or parties resulting from any such conduct.

13. PAYMENT

You agree to supply appropriate payment for the services received from Wickedbox, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Wickedbox of your desire to cancel any or all services received, those services will be billed on a recurring basis. Wickedbox agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.

14. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with Wickedbox or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

15. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

16. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on Wickedbox servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

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OTHER INFORMATION

This is our account service contract. It is fairly standard legalese. Although it may sound harsh, rest assured that we have nothing but good intentions towards our customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.